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Managing the Modern Workplace, December 5, 2019
You finally sit down with an employee who has performed poorly for months, and you give him or her both a detailed performance improvement plan spelling out your expectations and a time frame by which they must demonstrate substantial improvement. The very next morning, the previously healthy employee calls in sick and soon thereafter requests medical leave, supported by a doctor’s excuse, to obtain treatment for work-induced stress and depression.
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V&E Restructuring and Reorganization Update, December 5, 2019
On November 22, 2019, the United States Court of Appeals for the First Circuit1 reversed the U.S. District Court for the District of Massachusetts’s grant of summary judgment in favor of the New England Teamsters & Trucking Industry Pension Fund, which would have imposed pension fund withdrawal liability on two private equity funds—Sun Capital Partners III2 and Sun Capital Partners IV, LP—under the Multiemployer Pension Plan Amendments Act of 1980.
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Executives convicted of an illegal scheme involving opioid marketing received a partial victory when the trial court vacated part of the jury’s guilty verdict.
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Managing the Modern Workplace, December 3, 2019
The heritage of indigenous people in Guatemala, the right of Nigerian women to avoid being the subject of human trafficking, the working conditions of employees in northern Brazil. Besides a general wish for others to be treated fairly, why are these types of matters important to Texas companies and their Texas-based lawyers?
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V&E CFIUS Update, November 27, 2019
On November 22, 2019, the Committee on Foreign Investment in the United States (“CFIUS”) released its long-awaited Annual Report to Congress covering calendar years 2016 and 2017.
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Managing the Modern Workplace, November 27, 2019
“If I am going to have to pay her a severance, I want to make sure that she doesn’t go around bad mouthing me or my company,” is not an unusual plea from an employer who is parting ways with a difficult employee.
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On October 8, 2019, the government of Japan hosted the first-ever corporate summit (the “Summit”) in Tokyo to discuss and guide implementation of the Task Force on Climate-Related Financial Disclosures (“TCFD”) recommendations.
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Managing the Modern Workplace, November 21, 2019
Earlier this year, the Office of Federal Contract Compliance Programs (“OFCCP”) announced that it will be placing an increased emphasis on disability inclusion in the workplace. In order to accomplish that goal, the agency said it will be conducting “focused reviews” of compliance with Section 503 of the Rehabilitation Act, which requires federal contractors to take affirmative action to recruit, hire, promote, and retain individuals with disabilities.
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On November 9, 2019, the DOJ Antitrust Division issued a press release detailing its role in the resolution of a private no-poach class action against Duke University and the University of North Carolina for their alleged agreement not to compete for each other’s medical faculty.
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For the period between January and June 2019, Facebook received 128,617 requests for user data from various government entities—16% above the 110,634 requests in the period between July and December 2018.1
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Managing the Modern Workplace, November 19, 2019
In our last installment on state regulation of employers’ firearms policies, found here, we discussed the legal boundaries that Texas imposes on firearms policies generally. Today, we turn towards some of the safety considerations an employer may weigh when they are choosing what kind of policy they will implement.
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Climate Change Blog
The office of New York Attorney General Letitia
James filed a complaint
against ExxonMobil (“Exxon”) in October 2018 in New York state court. The case alleges a violation of New York’s
Martin Act, which provides the attorney general broad powers to investigate
financial fraud.
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First published by Anti-Corruption Report, October 30, 2019
In this article, V&E partner Ephraim "Fry" Wernick and V&E associate Pete Thomas explain what is behind the dramatic rise in coordinated prosecutions between the United States and foreign authorities and what this means for multinational companies with business operations around the world.
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Managing the Modern Workplace, November 14, 2019
Recent events show that all it takes is one tweet from even a midlevel manager of a company to create an international incident.
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Last week on November 6, 2019, the SEC Enforcement Division released its annual report on the Commission’s enforcement activities for the fiscal year.
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On November 7, 2019, a Second Circuit panel1 heard oral argument on whether the use of United States wire services in effecting a bribery scheme is enough, without more, to pull defendants within the scope of U.S. criminal honest-services wire fraud statutes.2
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First Published in Delos Dispute Resolution, November 12, 2019
The United States is one of the most sought-after arbitration venues in the world. The United States is known for vigorous enforcement of arbitral awards, neutral dispute resolution, and judicial preferences in favor of arbitration.
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V&E SEC Update, November 13, 2019
On November 5, 2019, a divided Commission voted on two proposed rule amendments: Amendments to Exemptions from the Proxy Rules for Proxy Voting Advice (the “Proxy Advisory Proposed Rules”) and Procedural Requirements and Resubmission Thresholds under Exchange Act Rule 14a-8 (the “Rule 14a-8 Proposed Rules”).
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Managing the Modern Workplace, November 12, 2019
For three years, Texas law has allowed folks with a concealed license the right to carry their firearms openly. Texas continues to expand the rights of gun owners.
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Environmental Blog
In September 2019, a federal district court in Massachusetts ordered the owner of a fuel storage terminal to pay $1.2 million in civil penalties for violations of the Clean Air Act and the Clean Water Act.
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